4755.02
Powers and duties of board.

(A)
The
appropriate section of the Ohio occupational therapy, physical therapy, and
athletic trainers board shall investigate compliance with this chapter or any
rule or order issued under this chapter and shall investigate alleged grounds
for the suspension, revocation, or refusal to issue or renew licenses or
limited permits under section
3123.47,
4755.11,
4755.47, or
4755.64 of the Revised Code. The
appropriate section may subpoena witnesses and documents in connection with its
investigations.

(B)
Through the
attorney general or an appropriate prosecuting attorney, the appropriate
section may apply to an appropriate court for an order enjoining the violation
of this chapter. On the filing of a verified petition, the court shall conduct
a hearing on the petition and give the same preference to the proceeding as is
given to all proceedings under Chapter 119. of the Revised Code, irrespective
of the position of the proceeding on the court's calendar. On a showing that a
person has violated or is about to violate this chapter, the court shall grant
an injunction, restraining order, or other order as appropriate. The injunction
proceedings provided by this division are in addition to all penalties and
other remedies provided in this chapter.

(C)
When requested by the appropriate
section, the prosecuting attorney of a county, or the village solicitor or city
director of law of a municipal corporation, where a violation of this chapter
allegedly occurs, shall take charge of and conduct the prosecution.

(D)
The appropriate section may employ
investigators who shall investigate complaints , conduct inspections, and make
inquiries as in the judgment of the section are appropriate to enforce sections
3123.41 to
3123.50 of the Revised Code or
this chapter. These investigators have the right to review, obtain copies, and
audit the patient records and personnel files of licensees and limited permit
holders at the place of business of the licensees or limited permit holders or
any other place where such documents may be and shall be given access to such
documents during normal business hours.

(1)
Subject to division (E)(2) of this section, information and records received or
generated by the board pursuant to an investigation are confidential, are not
public records as defined in section
149.43 of the Revised Code, and are
not subject to discovery in any civil or administrative action.

(2)
For good cause, the board may disclose
information gathered pursuant to an investigation to any federal, state, or
local law enforcement, prosecutorial, or regulatory agency or its officers or
agents engaging in an investigation the board believes is within the agency's
jurisdiction. An agency that receives confidential information shall comply
with the same requirements regarding confidentiality as those with which the
board must comply, notwithstanding any conflicting provision of the Revised
Code or procedure of the agency that applies when the agency is dealing with
other information in its possession. The information may be admitted into
evidence in a criminal trial in accordance with the Rules of Evidence, or in an
administrative hearing conducted by an agency, but the court or agency shall
require that appropriate measures be taken to ensure that confidentiality is
maintained with respect to any part of the information that contains names or
other identifying information about patients, complainants, or others whose
confidentiality was protected by the board when the information was in the
board's possession. Measures to ensure confidentiality that may be taken by the
court or agency include sealing its records or redacting specific information
from its records.

(F)
The appropriate section shall conduct hearings, keep records and minutes, and
enforce the relevant sections of this chapter.

(G)
Each section of the board shall publish
and make available, upon request and for a fee not to exceed the actual cost of
printing and mailing, the licensure standards prescribed by the relevant
sections of this chapter and the Administrative Code.

(H)
The board shall submit to the governor
and to the general assembly each year a report of all its official actions
during the preceding year, together with any recommendations and findings with
regard to the status of the professions of physical therapy , occupational
therapy, and athletic training.